Litigants face civil, criminal, and administrative trials on a daily basis. What truly matters is to support them effectively and in accordance with the rule of law. At the Office of the Public Prosecutor, the lawyer’s role is generally passive. Specifically, during the pre-trial investigation concerning criminal acts, the magistrate investigates both incriminating and exculpatory evidence. The defense lawyer often seeks to obtain a dismissal of the case in order to pull their client out of the judicial abyss, while the complainant’s counsel seeks to have the investigating magistrate place the accused under a provisional arrest warrant.

Once the investigating magistrate has closed the case file, he or she may, if the legal evidence is deemed sufficient, refer the matter to the competent court for judicial proceedings. In criminal matters, the judge is very active, which makes it absolutely necessary for litigants and their lawyers to gather credible evidence likely to convince the judge either to convict or to acquit the defendant appearing before the court.

A criminal trial may begin and end on the same day, as there is no obligation to exchange documents and submissions between the parties or their counsel. However, in civil, commercial, or administrative matters, surprise arguments are excluded. Even in cases where interim measures must be pleaded, this must not only be indicated in the initiating summons, but above all, the supporting documents for the debate must be filed with the court registry at least three days in advance. In short, the principle of adversarial proceedings must be strictly observed.

Given the proliferation and complexity of disputes in areas such as land and real estate, inheritance, divorce, and residential or commercial leases, it is essential to have counsel who knows how to navigate the intricacies of Congolese law in court, in order to address the subtleties of proceedings both in form and in substance.